HomeMy WebLinkAbout5.b. MN Education Trust CUP-RZ-CPA for a place of worship�(DSE OU r 1 EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting Date: August 25, 2015
i entative uty uouncii meeting uate: September .i �, zu-i tD
AGENDA ITEM: Cases 15 -29 -CUP, 15-30-RZ & 15 -31 -CPA
Minnesota Education Trust
Comprehensive Plan Amendment, AGENDA SECTION:
Rezoning and Conditional Use Permit Public Hearing
Applications to allow establishment of a
church/place of worship.
PREPARED BY: Jason Lindahl, AICP AGENDA NO.
Planner 5.b.
ATTACHMENTS: Site Map, Applicant's Narrative, Survey,
Floor Plan, Landscape and Lighting Plan, APPROVED BY:
Elevations, Current and Proposed Land
Use Map, Current and Proposed Zoning K. L.
Map
RECOMMENDED ACTION: Staff recommends the Planning Commission adopt the
following three motions:
1. Motion to recommend the City Council approve a Comprehensive Plan
Amendment changing the land use designation of the property located at 15400
South Robert Trail from RC — Regional Commercial to BP — Business Park,
subject to approval of the Comprehensive Plan Amendment by the Metropolitan
Council.
2. Motion to recommend the City Council approve rezoning the property at 15400
South Robert Trail from C-3, Highway Commercial to BP -Business Park subject
to approval of a comprehensive plan amendment by the City and Metropolitan
Council.
3. Motion to recommend the City Council approve a conditional use permit (CUP)
for 15400 South Robert Trail to allow establishment of a church/place of
worship, subject to:
A. The conditional use permit allows the primary use of the building as a
church/place of worship. The site may also be used for Friday prayers, daily
prayers, Sunday school, community lectures, youth activities, weddings and
community parties, food shelf and free clinic on an occasional or periodic
basis typical of other churches/places of worship. The BP — Business Park
zoning does not permit use of the subject property as a school.
B. The occupancy load of the building's largest room (the prayer room) shall be
limited to accommodate the parking requirements for churches/places of
worship (1 stall/3 seats in the largest assembly room). As a result,
occupancy of the largest room (the prayer room) shall be limited to 630
people (210 existing parking stalls multiplied by 3 = 630 people). It should
be noted that an occupancy load of more than 500 people will require an
additional exit from this room and additional restroom.
C. The applicant shall restripe the parking lot, remove the debris and replace
the gravel section of the parking along the east side of the building with
bituminous prior to issuance of a certificate of occupancy. The parking lot
shall include the required number and size of handicapped parking stalls.
D. The applicant shall apply for both Water Availability Charge (WAC) and
Sewer Availability Charge (SAC) determinations through the Metropolitan
Council and pay any required fees prior to issuance of a building permit.
E. The applicant shall update the exterior lights to conform to current
requirements and remove the obsolete satellite dish equipment at the
northwest corner of the building prior to issuance of a certificate of
occupancy.
F. The subject property does not conform to some of the Site and Building
standards of the BP — Business Park district (architectural appearance,
building massing, pedestrian circulation, landscaping and underground
utilities). Under state law these items are allowed to continue but shall not
be expanded without meeting the current zoning standards.
G. Painting or other changes to the exterior of the building shall conform to the
Architectural Appearance standards outlined in Section 11-4-15.G.1 which
state the building shall have a similar appearance on all four sides. Non -
earth tone colors shall be limited to architectural accents and the color of the
non -brick or stone portion of the building shall match the predominant brick
or stone color.
H. The applicant shall revise the landscape plan to meet the standards detailed
in Section 11-6-3 of the City Code and focus landscape improvement along
the south and west sides of the property.
The existing trash enclosure shall be operated and maintained in
conformance with the standards outlined in Section 5-1-3.
J. The subject property shall comply with all the requirements of the Fire
Marshal which may include installation of a fire suppression system.
SUMMARY
Applicant: Minnesota Education Trust
Location: 15400 South Robert Trail — North of County Road 42, south
of County Road 46 and East of Highway 3.
Area in Acres: 3.8 Acres
Comp. Guide Plan Design: RC — Regional Commercial
Current Zoning: C-4, General Commercial
2
The applicant, Minnesota Education Trust (MET), requests approval of a comprehensive plan
amendment, rezoning, and conditional use permit to allow establishment of a church/place of
worship for the property located at 15400 South Robert Trail (former City Limits bowling alley).
Should the City approve the requests, MET intends to purchase the subject property and make it
available to the Muslim American Society of Minnesota for use as a Masjid (Arabic word for mosque)
and community center. The Muslim American Society operates 3 other facilities in St. Paul, Inver
Grove Heights, and Blaine. Staff recommends approval of the requests.
BACKGROUND
The 22,891 square foot subject property was constructed in 1961 by George and Muriel Hammond as
the Satellite Lanes bowling alley. In 2012, then owner AMF City Limits Lanes closed the bowling alley
facility and began marketing the property. The property was purchased in February 2014 by John
Zellmar. In November of 2014 the City changed the property's future land use designation from CC
— Community Commercial to RC — Regional Commercial in cooperation with the new owner and as a
result of the South Urban Gateway planning study. Since that time, the subject property has contained
the owners landscaping business.
According to the applicant's plans, the building will be reconfigured in two phases (see attached floor
plan). Phase One would begin immediately after purchasing the building and receiving a building
permit. The internal work includes the prayer room, offices, and toilets in northern third of the
building. Phase Two is planned for one year from the date of occupancy and includes build out of the
remainder of the building to include a multipurpose room, kitchen, meeting rooms and additional
toilets. The applicant's narrative states they intend to use the subject property as a church/place of
worship which includes the following activities: Friday prayers, daily prayers, Sunday school,
community lectures, youth activities, weddings and community parties, food shelf, and free clinic.
Staff recognizes that the primary use of the building as a church/place of worship and the site may
also include the other uses listed by the applicant on an occasional or periodic basis typical of other
churches/places of worship. When having initial conversations with the applicant, they expressed
interest in having a school function during the weekdays. At that time, the applicant was informed that
a school use is not permitted in the BP -Business Park zoning district.
ISSUE ANALYSIS
Legal Authority
This application includes a comprehensive plan amendment, rezoning and conditional use permit to
allow establishment of a church/place of worship. Amendments to the Comprehensive Plan are
considered legislative actions, meaning that the City is formulating public policy. The City may amend
the Comprehensive Plan after a public hearing before the Planning Commission and a two-thirds
majority vote by the City Council. These applications also require notification to the surrounding
communities and approval by the Metropolitan Council. Rezoning and conditional use permit
applications are considered quasi-judicial actions. In such cases, the City is acting as a judge to
determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision
Ordinance are being followed. Generally, if these applications meet the City's established
requirements they must be approved. Staff review of each application is provided below.
Comprehensive Plan Amendment
The City adopted the 2030 Comprehensive Plan in November 2009. This document includes the
Land Use Map which details the future land use designations for each property in the community.
Staff finds the proposal to re -guide the subject property from RC — Regional Commercial to BP —
Business Park consistent with the overall goals and policies of the 2030 Comprehensive plan. A map
3
illustrating the proposed land use change is attached for your reference. Specifically, staff finds the
proposal consistent with the Comprehensive Plan's over -arching goals listed below.
Maintain a manageable and reasonable growth rate that does not adversely impact the delivery of
services but allows the community to grow and become more diverse from now until 2030.
2. Promote commercial renewal and rehabilitation in the Downtown and along Highway 42 while
accommodating new commercial development along appropriate transportation corridors such as
Akron Avenue and County Highway 42; County Highway 46 and MN Highway 3; and County
Highway 42 and US Highway 52.
Staff also finds the proposed BP — Business Park classification consistent with the surrounding
existing and future land uses, particularly to the west. The existing and future land use designations of
the surrounding parcels are detailed in the table below.
Surrounding Existing & Future Land Use Designations
Direction
Existing Land Use
Future Land Use
Status
North
Commercial
RC — Regional Community=
Conforming
Public/Institutional &
MDR — Medium Density Residential
South
Vacant Multi -Family
CC — Community Commercial
Conforming
Residential
RC — Regional Commercial
East
Vacant Business Park
BP — Business Park
Conforming
Commercial &
CC — Community Commercial
West
Multi -Family Residential
MDR — Medium Density Residential
Conforming
HDR — High Density Residential
According to the Comprehensive Plan, the primary intent of the Business Park district is to develop
businesses with large numbers of employees in high quality buildings with the majority of the
business activities occurring completely indoors. Typical uses include office; retail and office
warehouses; research laboratories; distributors; or manufacturing but may also include churches,
commercial indoor recreation, arenas, daycare centers and athletic clubs. The Community of Hope
Church currently operates under the BP — Business Park land use classification at 14401 Biscayne
Avenue (corner of 145`h Street West and Biscayne Avenue).
State law requires local governments to inform surrounding communities of any comprehensive plan
amendments and allow a 60 days comment period. The City distributed notice of the proposed
comprehensive plan amendment to surrounding local governments on August 17, 2015. To date, the
City has received responses from the City of Eagan and Independent School District 196, both of
which stated the proposed amendment is not anticipated to impact their jurisdiction and that no
comments will be forthcoming. All comments received within the 60 day period will be included with
the formal comprehensive plan amendment application to the Met Council.
Rezoning
There are four key criteria for the City to weigh when considering a rezoning request. These criteria
and staff s findings for each are outlined below. In this case, the applicant proposes to rezone the
subject property from C-4, General Commercial to BP — Business Park to allow repurposing the
building as a church/place of worship. A map illustrating the proposed zoning change is attached
for your reference. Based on a review of these criteria, staff recommends approval of the rezoning
proposal.
4
Consistency with Comprehensive Plan. The proposed rezoning from C-4, General Commercial
to BP — Business Park is consistent with the Comprehensive Plan. This is based on the City also
approving the applicant's comprehensive plan amendment request detailed above. According to the
Comprehensive Plan, BP — Business Park is the appropriate zoning classification for properties
guided BP — Business Park. This land use designation is intended to provide office; warehouses; or
manufacturing uses but may also include churches, commercial indoor recreation, arenas, daycare
centers, and athletic clubs.
Compatibility with Present and Future Land Uses. The proposed rezoning is compatible with
present and future land uses. The surrounding present and future land uses are detailed in the table
above. The subject property is surrounded by commercial uses to the north, multifamily to the
south and west, and vacant Business Park land to the east. In this case, rezoning the subject
property to BP — Business Park would extend the existing Business Park district to the east allowing
the church to serve as a transition between the residential and commercial uses to the west and the
planned business park activity to the east. Additionally, the site is relatively isolated due to
topography and location. While the rezoning extends the Business Park district eastward, the
presence of Hwy 3 and the steep grades on the site lead staff to believe that the District would not
be expanded further, with the possible exception of the property to the north, should it redevelop.
Conformance with New Zoning Standards. Generally, the subject property conforms to the
zoning standards of the BP — Business Park zoning district. Churches/places of worship are
allowed in this district as a conditional use and the existing building and parking meet the setback
standards for this district. However; since the site was originally developed in 1961, it does not
conform to all of the current Site and Building standards (architectural appearance, building massing,
pedestrian circulation, landscaping and underground utilities) which were added to this district in
2006. These items would be non -conforming under the existing or proposed zoning classification
which means they are allowed to continue but cannot be expanded without meeting the current
standards. Many of these criteria would also be considered non -conforming if the property remained
commercially zoned. In other words the building and site development are generally non-
conforming under existing and proposed zoning regardless of the use.
Repurposing of this site as a church/place of worship necessitates review of the off street parking.
The existing parking lot contains 210 stalls including 5 handicapped stalls. Parking standards for
churches/places of worship require 1 stall for every 3 seats in the largest assembly room. As a
result, staff recommends a condition of approval limit the occupancy of the largest room (the prayer
room) to 630 people (210 existing parking stalls multiplied by 3 = 630 people). It should be noted
that an occupancy load of more than 500 people will require an additional exit from this room.
A site inspection of the parking lot found most of the parking stripes are faded there is gravel and
debris along the back (east side of the building). Staff recommends a condition of approval require
the applicant to restripe the parking lot, remove the debris and replace the gravel section of the
parking along the east side of the building with bituminous prior to issuance of a certificate of
occupancy.
Availability of Utilities. The existing building is connect to both City sewer and water facilities
and will be required to maintain these connections. The applicant shall apply for both Water
Availability Charge (WAC) and Sewer Availability Charge (SAC) determinations through the
Metropolitan Council and pay any required fees prior to issuance of a building permit.
5
Conditional Use Permit
The purpose of conditional use permits is to allow for those uses which are not generally suitable by
right within a given zoning district but may be suitable under some circumstances. The burden of
demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting
all applicable standards lies with the applicant. The churches/places of worship is subject to the
general CUP standards outlined in Section 11-10-7 as well as the standards specific to this use in
Section 11-4-14.D. These standards evaluate the City's land use and zoning performance standards
and the potential impact of the proposed use on the surrounding neighborhood. These standards
and staff findings for each are provided below.
1. Will not be detrimental to or endanger the public health, safety, or general welfare of
the neighborhood or the city.
Finding: The proposed church/place of worship use will not be detrimental to the public
health, safety, or general welfare of the neighborhood or the City of Rosemount. However,
during a site inspection staff did notice the existing exterior lighting does not meet current
requirements (see attached plan) for glare and the safety of patrons during night use. The site
also has a large obsolete satellite dish at the northwest corner of the building. Staff
recommends a condition of approval require the applicant update the exterior lights to
conform with current requirements and remove the obsolete satellite dish equipment prior
to issuance of a certificate of occupancy.
2. Will be harmonious with the objectives of the comprehensive plan and city code
provisions.
Finding: As detailed above, the proposed church/place of worship use is consistent with the
proposed BP -Business Park land use and zoning classifications. Churches/places of worship
are a conditional use in the BP — Business Park District and the existing building and parking
meet district's setback standards. However; the site does not comply with all of the district's
Site and Building standards (architectural appearance, building massing, pedestrian
circulation, landscaping and underground utilities) added in 2006. These items would be
consider non -conforming under either the existing C-4 General Commercial or proposed
BP—Business Park zoning classification. As such, under state law they are allowed to
continue but shall not be expanded without meeting the current zoning standards.
3. Will be designed, constructed, operated, and maintained so as to be compatible or
similar in an architectural and landscape appearance with the existing or intended
character of the general vicinity and will not change the essential character of that
area, nor substantially diminish or impair property values within the neighborhood.
Finding: The existing building is constructed primarily of concrete block. The front (west)
elevation is accented with both brick and wood siding. The applicant intends to paint the
building and is considering adding windows to provide direct sunlight into meeting rooms
planned for the second phase of the project. Section 11-4-15.G.1 requires the building have
the same appearance and color on all four sides. Non -earth tone colors shall be limited to
architectural accents and the color of the non -brick or stone portion of the building shall
match the predominant brick or stone color. Should the applicant decide to paint the
building, staff recommends a condition of approval require conformance with Section 11-4-
15.G.1
The applicant has submitted a landscape plan that adds 18 new trees and additional shrubs
and plantings along the front (west) elevation but does not include size or species
information. Staff recommends a condition of approval require the applicant to revise the
landscape plan to meet the landscape standards detailed in the City Code and focus
landscape improvement along the south and west sides of the property.
4. Will be served adequately by existing (or those proposed in the project) essential
public facilities and services, including streets, police and fire protection, drainage,
structures, refuse disposal, water and sewer systems and schools.
Finding: No changes are proposed to the existing public facilities or grade of the site. The
site has an existing trash enclosure that conforms to ordinance standards but may require
minor repair or maintenance to function properly.
5. Will not involve uses, activities, processes, material equipment and conditions of
operation that will be hazardous or detrimental to any persons, property, or the
general welfare because of excessive production of traffic, noise, smoke, fumes, glare
or odors.
Finding: According to the applicant's plans, the building will be reconfigured to include a
prayer room, multipurpose room, kitchen, meeting rooms, and offices. The applicant's
narrative states they intend to use the subject property as a church/place of worship which
includes the following activities: Friday prayers, daily prayers, Sunday school, community
lectures, youth activities, weddings and community parties, food shelf and free clinic. Staff
recognizes that the primary use of the building as a church/place of worship and the site
may also include the other uses listed by the applicant on an occasional or periodic basis
typical of other similar uses. It should be noted that the BP — Business Park zoning does not
permit use of the subject property as a school.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
Finding: The subject property has an existing access to South Robert Trail (Highway 3)
which provided adequate vehicle ingress and egress to past users of the site and the applicant
has no plans to change this design. While the church/place of worship use may produce
peaks of traffic, overall it should generate less traffic than the bowling alley commercial use.
7. Will not result in the destruction, loss or damage of a natural, scenic, or historic
feature of major importance and will comply with all local, state, and federal
environmental quality standards.
Finding: The proposed use will not result in the destruction, loss, or damage of a natural,
scenic, or historic feature of major importance and will comply with all local, state, and
federal environmental quality standards.
8. These standards apply in addition to specific conditions as may be applied
throughout this code.
Finding: According to Section 11-4-15.D, Churches and places of worship must have direct
access to or be within three hundred feet (300') of a collector, minor arterial, or principal
7
arterial road as identified in the comprehensive plan. The subject property has direct access
to South Robert Trail (Highway 3) which is identified as a minor arterial road by the
comprehensive plan.
RECOMMENDATION
Staff recommends approval of a comprehensive plan amendment, rezoning and conditional use
permit to allow establishment of a church/place of worship for the property located at 15400 South
Robert Trail (former City Limits bowling alley) subject to the conditions outlined in the recommended
action section above. Should the City approve the requests, MET intends to purchase the subject
property and make it available to the Muslim American Society of Minnesota for use as a Masjid
(mosque) and community center.
From:
MET Wagf
To:
Lindahl. Jason; Lindauist, Kim
Cc:
Joe Anton; Dean S. Beeninaa
Subject:
Re: 15400 South Robert Trail
Date:
Thursday, August 20, 2015 10:34:05 AM
Dear Mr. Lindahl
As a further clarification, MET intends to start the phase one construction as soon as we purchase the building. MET
hopes to start the phase two construction one year from the date of occupancy.
Thanks.
On Aug 18, 2015, at 10:30 AM, MET Waqf <metwagf@yahoo_com> wrote:
> Dear Mr. Lindahl
> Further to your conversation with the Imam last week, we send this email to describe our project.
> Minnesota Education Trust requests a Conditional Use Permit for the facility at 15400 South Robert Trail to be
used as a Masjid and Community Center. Minnesota Education Trust proposes to purchase this facility and make it
available to the Muslim American Society of Minnesota under an Islamic Waqf agreement (similar to a land
conservation agreement).
>
> The Muslim American Society of Minnesota, was established in 2003. MASMN serves a large cross section of
Muslims in the state of Minnesota_ MASMN operates community centers, weekend schools, women and adult
educational programs,
> youth programs, food shelves and advocacy programs.
> The mission of MASMN is "To move people to strive for God consciousness, liberty, and justice and to convey
Islam with utmost clarity. The vision statement of MASMN is "A virtuous and just American society."
>
> Some of the activities of MASMN are as follows.
> 1. MASMN operates several Masjids / Islamic Centers in Minnesota.
> 2_ MASMN organizes the Muslim community to meet with their legislators and advocate for the needs of all
citizens as part of the Muslim Day at the Capitol.
> 3. MASMN organizes Summer Camps each year.
> 4. MASMN periodically offers a broad range of Workshops, Seminars and events to empower people with full
understanding of relevant themes & concepts and acquire mastery of important skills (for example, leadership,
political activism, and media skills).
> 5. MASMN holds an annual Convention. Guests at prior events include US Vice President Walter Mondale, MN
Governor Mark Dayton, US Senator Amy Klobuchar, US Senator Al Franken, Congressman Keith Ellison and
many others.
> 6. MASMN is a founding partner of the Iman-Rabbi Round -Table- An organization leading interfaith efforts in
MN between the Jewish and Muslim communities.
> 7. MASMN in partnership with the MN Council of Churches holds the annual Taking Heart program to bring
Christians and Muslims together to get to know each other over a meal and conversation during Ramadan.
>
> Upon approval of the Conditional Use Permit, MASMN hopes to use the facility at 15400 South Robert Trail for
the following functions:
> L Friday Prayers
> 2. Daily prayers
> 3. Sunday School
> 4. Community Lectures
> 5_ Youth activities (eg. basketball, table tennis)
> 6. Ramadan Iftar and Prayers
> 7. Weddings and other community parties
> 8. Foodshelf
> 9. Free clinic
> Thank you for your kind consideration
> Dr. Asif Rahman
> President
> Minnesota Education Trust
MINNESOTA EDUCATION
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MINNESOTA EDUCATION TRUST SITE PLAN
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15 EXISTING TREES 8 EXISTING EXTERIOR LIGHTS REMOVE EXISTING CONCRETE WALKWAY
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ORR- Rural Residential =R3- Medium Density Residential®C3- Highway Service Commercial=GI-General IndustrialSPI- Public/Institutional
0 RI - Low Density Residential R4 - High Density Residential �C4 - General Commercial HI - Heavy Industrial FP - Flood Plain
® R1 A- Low Density Residential DC1 - Convenience Commercial BP- Business Park DAGP - Agricultural Preserve WM - Waste Management
®R2- Moderate Density Residential®DT- Downtown District DIP - Industrial Park DAG - Agricultural OW -Water
0 ROW - Right -of -Way
Minnesota Education Trust
4 ROSEMOLINT Rezoning N
MINNESOTA Current Zoning
D RR - Rural Residential R3 - Medium Density Residential C3 - Highway Service Commercial GI - General Industrial M PI - Pull cllnstitutional
D R1 - Low Density Residential R4 - High Density Residential �C4 - General Commercial HI - Heavy Industrial FP- Flood Plain
�R1A- Low Density Residential OC1- Convenience Commercial =BP -Business Park DAGP- Agricultural Preserve SWM- Waste Management
�R2- Moderate Density Residential O DT- Downtown District DIP - Industrial Park DAG - Agricultural OW - Water
0 ROW - Right -of -Way
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MINNESOTA Proposed Future Land Use
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:SIEMOUNT Comprehensive Plan Amendment N
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